보상금등 지급신청기각처분취소 등
1. The plaintiffs' action against the Compensation Deliberation Committee for Persons Related to the May 18 Democratization Movement shall be dismissed.
2. The plaintiffs' defendant.
Basic Facts
According to the former Act on the Compensation for Persons Related to Gwangju Democratization Movement (amended by Act No. 7911, Mar. 24, 2006; hereinafter “former Act on the Compensation for Residents Related to Gwangju Democratization Movement”), the Deliberative Committee for the Compensation of Persons Related to Gwangju Democratization Movement (formerly changed the name of the Deliberative Committee for the Compensation of Persons Related to defendant 518 Democratization; hereinafter “Defendant Committee”) decided to pay other subsidies corresponding to the disability rating of “other Grade I” to Plaintiff K, D, H, L, and I” before 2006 (hereinafter “previous decision”).
Article 11-2 of the former Act on the Compensation for Persons Related to the May 18 Democratization Movement (hereinafter “5/18 Compensation Act”) was amended by Act No. 7911 on March 24, 2006, and Article 11-2 of the same Act was newly established. The Defendant Committee, as the Plaintiffs, is able to re-examine a physical examination for persons deemed necessary to be re-classified at their request from among the persons subject to the application of this Act upon the determination of disability ratings of Grade 1 and 2. As such, the Plaintiffs refer to compensation, medical care, and living allowances pursuant to Article 8(1) of the former Act on the Compensation for Re-classification and Compensation for Compensation for Damages, etc. of the Defendant Committee around March 24, 2006.
An application for payment was filed.
Accordingly, the Defendant Committee’s disability grade determination subcommittee (hereinafter “subcommittee”) conducted a reclassification physical examination for the Plaintiffs, and deliberated and decided on the disability rating for Plaintiff K, H, L, and I by raising the disability rating from “other Grade 2 to “other Grade 1”. The remaining Plaintiffs deliberated and decided on the same disability rating as that for the previous Plaintiffs. The Defendant Committee deliberated and decided on June 9, 2008 by the aforementioned deliberation and resolution. As to Plaintiff K, H, L, and I, other Grade 2 and Grade 1.